Narendra Kumar Jain -II, J. - (1.) HEARD learned counsel for the petitioner as well as learned Public Prosecutor appearing on behalf of Respondent No. 2 -State on the application under Sec. 397 read with 389 Cr.P.C. filed on behalf of the accused -petitioner, Satya Narayan for suspension of sentence imposed vide judgment dt. 29.10.2010 passed by Judicial Magistrate, First Class, Lakheri, District Bundi in Regular Criminal Case No. 69/2008, whereby the petitioner was convicted for offence under Sec. 138 of the Negotiable Instruments Act and sentenced to six months' simple imprisonment with fine of Rs. 1,50,000/ - out of which Rs. 1,45,000/ - were ordered to be given to the complainant as compensation, in default of payment of fine, to further undergo five months' simple imprisonment additionally. Learned First Appellate Court, i.e. Additional Sessions Judge, No. 1, Bundi vide judgment dt. 11.12.2012 in Criminal Appeal No. 125/2010 dismissed the appeal filed by the accused -petitioner and maintained the judgment passed by the trial Court. Learned counsel for the petitioner submits that the petitioner has already deposited Rs. 70,000/ - against the total amount of fine imposed by the trial Court. He has submitted that learned Court below has not appreciated the material available on record and on the basis of statement of the complainant mechanically recorded erroneous findings, which deserve to be quashed and set aside. Offence under Sec. 138 NI Act is not made out against the petitioner.
(2.) HAVING considered the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am inclined to suspend the sentence of the accused -petitioner. Accordingly, the application for suspension of sentence filed under Sec. 397 read with Section 389 Cr.P.C. is allowed and it is ordered that if the petitioner Satya Narayan S/o. Bajrang Lal deposits a sum of Rs. 1,50,000/ - (Rupees One Lakh and Fifty Thousand) with the concerned Court, the sentence awarded to him vide judgment dt. 29.10.2010 passed by Judicial Magistrate, First Class, Lakheri, District Bundi in Regular Criminal Case No. 69/2008 and affirmed by Additional Sessions Judge, No. 1, Bundi vide judgment dt. 11.12.2012 in Criminal Appeal No. 125/2010 shall remain suspended till final disposal of present revision petition, provided he executes a personal bond in the sum of Rs. 40,000/ - (Rupees Forty Thousand) along with two sureties in the sum of Rs. 20,000/ - (Rupees Twenty Thousand) each to the satisfaction of the learned trial Court, for his appearance before this Court on 13.05.2013 and as and when he is called upon to do so; with the incorporation in the bond that as and when he shifts from his place of residence, he shall intimate to this Court and his counsel about new place of residence. It is made clear that in case Rs. 70,000/ - has already been deposited by the accused -petitioner, then the same shall be adjusted against the aforesaid direction of deposition of Rs. 1,50,000/ -. It is however, made clear that if the aforesaid amount is deposited, then Rs. 1,45,000/ - (Rupees One Lakh Forty Five Thousand) shall be disbursed to Non -Petitioner No. 1, Puspendra Kumar Jain S/o. Hajari Lal Jain on his furnishing an undertaking that in the event of revision petition succeeds, the aforesaid amount shall be repaid to the petitioner.;